General terms and conditions

1 Scope

These General Terms and Conditions («GTC») govern the legal relationship between the user of newhome.ch AG, Talacker 41, 8001 Zurich («newhome»). Users are natural and legal persons who use newhome’s website or app («website», where the term «website» also includes our app) and/or use newhome products or services.

These General Terms and Conditions are supplemented by the «Guidelines for Advertisers» and the «General Terms and Conditions for the production of 360° tours, video recordings, drone recordings and real estate photography» («Guidelines») as well as individual contracts (e.g. advertisement contracts or advertising contracts). In the event of a conflict between an individual contract and the GTC, the individual contract shall take precedence. In the event of a conflict between an individual contract or the GTC and the guidelines, the guidelines shall prevail.

The user confirms with each use of the website, products and services and payment of each invoice that they have read and accepted these General Terms and Conditions, the Individual Contracts and Guidelines.

Any general terms and conditions of the user do not apply, even if the user refers to them (e.g. in order confirmations).

2 Access Authorization and registration

newhome is not intended for users who are subject to legislation prohibiting publication or access to the website (on the basis of the nationality of the person concerned, his/her place of residence or for any other reason). Users to whom such restrictions apply are not permitted to access the website or use our offers and services.

In order to be able to use certain newhome services, registration must be made on the website beforehand. Registration of a user account through the website requires a valid email address and the setting up of a password. For the use of chargeable digital offers, the correct first and last name or company name as well as the address is mandatory. The automated creation of user accounts is not allowed. The registering customer undertakes to treat their login data (in particular password) confidentially and not to make it accessible to any third party without the consent of newhome. Anyone who uses newhome’s login data to legitimize themselves is considered to be authorized towards newhome and can view all the information and documents contained in the corresponding user account and make use of all the functions offered by newhome.

3 Service modalities, prices, invoicing and payment conditions

newhome is entitled to involve third parties in order to fulfil its obligations to perform.

The remuneration for the services offered by newhome is based on the respective individual contract. The prices stated during an order process or upon conclusion of the contract shall apply. The current prices are available to the user at any time via the website. newhome will inform the customer in good time of any price adjustments in appropriate form. In this case, the customer has the right to terminate the existing contractual relationship, subject to a notice period of 30 days from the end of the month, to the date of entry into force of the change. The contract adjustment shall be deemed to be validly accepted by the customer unless notice of termination is given by the customer in due time.

Invoicing shall be carried out exclusively in electronic form. The invoices must be paid within a payment period of 30 days from the invoice date.

If the user is in default, they will receive a reminder. A default interest of 5% is due on the amount due. If the payment reminder remains for 20 days without complete fulfilment by the user, an additional fee of CHF 30 will be charged against the dunning run. After this dunning run has expired, newhome can block the user’s account without further notification (including deactivation of the advertisement and any booked services). Costs in event of late payment: After at least 2 written reminders, the case will be forwarded to a debt collection office, which charges a processing fee in accordance with www.fairpay.ch. Once all open positions have been settled, newhome can re-release the user account.

newhome generally accepts payment by credit and debit card solutions, bank transfer with QR invoice or with vouchers. The payment methods currently accepted by newhome can be found in the corresponding publication on the website. Additional processing fees may apply for certain means of payment. newhome may, without further justification, add or exclude individual means of payment generally or for individual users.

It is not possible to pay out the unused credit of the user or the vouchers purchased for payment («credit»). The unused credit can be credited to the same or similar services of newhome.

4 Collection and publication of advertisements, quality of published information

4.1 Entry of advertisement

The user is solely responsible for the entry and content of the advertisement. The following conditions apply to the entry:

Only real estate already realized or planned in Switzerland (purchase or rental properties) may be advertised.
Search advertisements are not allowed.
The advertisements may only be published with the consent of the owner. newhome is entitled to demand that the advertiser provide written proof of the consent of the owner of the published property. If this proof cannot be provided, the advertiser is obliged to pay newhome a contractual penalty of CHF 5,000. The assertion of further damages by newhome is expressly reserved.
Only one advertisement may be created per property. However, advertising of the same property in different categories is permitted.
Advertisements with a fixed term may only be used for one property at a time.
The information in the advertisement must be true and refer to the property being advertised (not misleading or deceptive).
The property must be assigned to the correct category.
The property must be available.
The advertisement (images, text, video, etc.) must not infringe the personal rights or other rights of third parties.
The published images, videos and documents must be directly related to the property. The advertiser must have the necessary rights for images, videos, map extracts, documents, etc.
The advertisement must not contain any symbols or labels that simulate a non-booked additional performance from newhome.
Erotic, discriminatory, political and illegal content is prohibited.
The use of fee-based Internet or telephone services for contact and fee-based registration for the inspection of the property are not permitted.

If the aforementioned conditions are not met, newhome may temporarily or permanently reject an advertisement intended for publication. newhome may reject the advertisements of customers without prior notice for legal, technical or other reasons. The user is entitled to make improvements to the corresponding advertisement in accordance with the advertisement guidelines and to submit newhome again for review.

4.2 Placement of the advertisement

The advertiser may gain a better placement on the website by purchasing additional services.

4.3 Activation of advertisements, maintenance, term and changes

By releasing and placing the advertisement on the website, newhome assumes no responsibility for the content of the advertisement. Obvious errors in the advertisement can be corrected independently by newhome. If an active advertisement is changed and published again during the term, the adjustments must be checked and activated. Until the changes are approved, the previous advertisement remains visible.

The advertisement will appear during the booked term. The term of the advertisement can be extended as desired. In the event of premature deactivation, the customer is not entitled to a refund of unused advertisement days.

4.4 Deletion and inactivation of advertisements

If a published property is sold or rented during the term, the advertisement must be immediately deactivated or deleted by the user. An inactive advertisement is irrevocably deleted by newhome after 30 days.

Already published advertisements may be deleted by newhome if it appears after publication that the above conditions are not met.

4.5 Rights of use and publication of advertisements on third-party platforms

By placing an advertisement, the advertiser grants newhome the right to use, reproduce or otherwise use all components of their advertisement (including text elements, images and videos) and, if applicable, personal data, if specified by the advertiser (e.g. contact data) and for the intended purpose, in whole or individually, insofar as newhome deems this necessary for the provision of its services. This refers to newhome’s website and to company accounts maintained and maintained by newhome with other online services (e.g. Facebook, TikTok, Instagram, LinkedIn), apps and social media, for property feeds of newhome related third parties (e.g. cantonal banks) and municipalities, as well as for media advertising of newhome (print, online advertising or trade fair appearances) serving the Swiss market. newhome cannot prevent this advertisement data from being used by third parties for marketing or other purposes and the advertisement can be commented, pushed, linked, shared or modified by third parties. The advertiser agrees that their advertisement (or components thereof) will not only be published exclusively on the website, but will also be integrated on partner platforms of newhome and/or third-party marketplaces. However, they are not entitled to a publication outside of newhome’s website.

Due to the public availability of the website, newhome cannot exclude the advertisements from appearing on third-party platforms not authorized by newhome. The user acknowledges that they have no claims against newhome in this case and that they will not take action against newhome accordingly.

By advertising an property on the website, the advertiser hereby assigns their image rights relating to the advertisement to newhome for the following limited purpose, so that the latter can exercise these rights in court against possible crawling or spidering of advertisements or other adverse uses by third parties (especially third-party platforms). In the interest of the advertiser, this procedure enables newhome to take a bundled action against unauthorised advertisement publications of third parties. newhome pursues such claims at its own expense. newhome is not obliged to do so.

5 Data protection

The trusting handling of personal data is an important concern for newhome. Detailed information on the handling of personal data can be found in newhome’s privacy policy.

6 Intellectual property rights

Unless expressly agreed otherwise, all intellectual property (in particular information, elements and content of the platform (including texts, images, videos, graphics, etc.), domains, trade secrets and other secret information, software, ideas, procedures, know-how and concepts) and all corresponding intellectual property rights (in particular intellectual property rights as well as entitlements and priority rights to such rights, whether entered in a register or not, e.g. trademarks, designs, patents, copyrights, etc.) (i) in connection with the website and the app or (ii) in connection with the services or works created by newhome to the user and resulting and existing intellectual property rights, shall remain in full with newhome or its licensors. Unless expressly agreed otherwise, the user shall not be granted any rights or licenses or any other rights of use thereto except for the use for the creation of advertisements.

newhome is not the owner of all the trademarks mentioned in the information, documents and information contained on its website. In this respect, the trademark rights of the third parties concerned must be taken into account.

7 User warranties

The user warrants to use the website and the services of third parties in accordance with the law and contract and not to use them for illegal, punishable or unfair purposes. In particular, the user guarantees that:

they have the right, authority and capacity to accept these Terms and Conditions;
they only use their user account themselves, only open advertisements from their user account themselves and do not pass on their access data to third parties;
the personal information provided in connection with registration on the website and the creation of the user account is complete and correct; and
the data transmitted in connection with the placement of advertisements is true, accurate and not misleading or unlawful;
they immediately notify newhome of any technical faults or defects that they notice or find on the website.

If newhome is prosecuted by a partner or a third party in connection with the advertisement data provided by the user or products or services illegally used by the user, the user is obliged to fully indemnify and hold newhome harmless on first request. At newhome’s request, the user must provide all documents that newhome may find useful in defending against the claim and is obliged to join the process. This obligation extends beyond the duration of the contractual relationship for an indefinite period.

8 Warranties by newhome

newhome is not obliged to verify the correctness of the advertisements and the information published on the website by the user. newhome assumes no responsibility for the content of the advertisements posted on the website. This includes, in particular, the corresponding image data (including videos), city map sections, financing proposals, insurance offers, etc.

Any information posted on the website and made available through the website may be changed by newhome at any time without notice. newhome also assumes no responsibility and gives no guarantee that:

the functions on the website are not interrupted or error-free; in particular, the website may temporarily not be available or only to a limited extent due to maintenance or other reasons;
errors are corrected; or
software or material that is made accessible via the website (including partner and microsites) or that the respective server is free of viruses or harmful components.

9 Liability

The liability of newhome is excluded, to the extent permitted by law. In particular, liability for vicarious agents is also excluded. newhome is in no case liable for consequential damages and lost profits and disclaims any liability in connection with the publication of already sold or rented objects. Insofar as there is a liability on the part of newhome, this is limited in amount to the proven damage, but at most to the fee paid by the user on the basis of the individual contract.

The user is fully responsible for the content and data transmitted to newhome or published on the website. The user is liable newhome for all damages caused by them.

newhome does not examine the content of websites linked to the website and is not responsible for the content, correctness, completeness and legality of linked websites provided by third parties. Such external websites, which can be accessed, for example, via links from advertisements on the website, contain information created, published, maintained or otherwise made available by organisations and persons legally independent of newhome. The establishment of connections to these websites is at your own risk. The terms of use and the privacy policy of the respective linked providers apply. In addition, newhome must always be granted beforehand for the creation of links from third-party websites to the website. newhome excludes all liability for acts and omissions of third parties and partners involved.

newhome shall not be liable for any malicious technology or for damages caused by cyber attacks, computer viruses, espionage programs and/or similar malicious malware. newhome shall not be liable for the consequences of any interruptions caused by disruptions of any kind or for the purpose of troubleshooting, maintenance and introduction of new technologies.

newhome is under no circumstances responsible for misuse by third parties (e.g. hackers, senders of computer viruses), for security deficiencies of telecommunication networks and the Internet.

newhome is not party to contracts between users or other third parties relating to products and services offered by users through the website. newhome is not responsible in any way for the conclusion of the contract and any associated risks.

10 Bonus benefits from newhome

newhome does not agree to the bonus benefits listed below, but reserves the right to provide these benefits on a voluntary basis or to discontinue them at any time:

Integration of the «CreditTrust» acceptance badge into the advertisement for simplified credit assessment;
Forwarding the advertisements to the real estate portals associated with newhome. A list of currently connected real estate portals can be found here.

11 Entry into force and termination

The contractual agreement shall enter into force with the customer’s consent to an offer or contract submitted by newhome. Depending on the product, the customer’s consent can be given, for example, by email, digital signing of an offer or contract, online order or implied behaviour (e.g. payment of the invoice, use of the product, purchase of services).

newhome reserves the right, for good cause, to terminate the contractual relationship with the user unilaterally and at any time without notice and to delete the user account of the user concerned. Important reasons are in particular:

default of payment;
a violation of the General Terms and Conditions or other Guidelines;
misuse of newhome’s services for illegal or indecent purposes.

In such cases, the user is not entitled to a reduction or refund of the remuneration already paid or owed in accordance with the advertisement or advertising contract.

In addition, the termination rights in the case of indefinite contracts are governed by the applicable individual contract. Fixed-term contracts automatically end at the end of the agreed advertisement term.

12 Other provisions

12.1 Modification or suspension of the offer

newhome reserves the right to change the online offer at any time and without stating reasons (in particular also to delete advertisements) or to suspend the operation of the website in whole or in part. The consent of the user is not required for this purpose; in particular, there is no prior obligation to provide information in this regard. Consequently, the user is not entitled to have recourse to certain functionalities or services.

12.2 Change to the General Terms and Conditions

The current version of the General Terms and Conditions is available on the website. newhome reserves the right to amend the General Terms and Conditions at any time. newhome informs customers of any changes in an appropriate manner.

12.3 Transferability

Rights and obligations under this Agreement may only be transferred with the written consent of the other party. An exception to this is the transfer of all or certain rights and/or obligations under this Agreement to any successor of newhome.

12.4 Severability clause

Should individual provisions of these General Terms and Conditions be void and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by those that come closest to the economic meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies to any gaps.

12.5 Translations

In the event of any ambiguities and/or contradictions between the German, French, Italian and/or English texts of these General Terms and Conditions, the German text of the General Terms and Conditions shall prevail only.

12.6 Applicable law and place of jurisdiction

The contractual relationship between newhome and the user is governed by Swiss law to the exclusion of international conflict of law (IPRG). The ordinary courts at the registered office of newhome are exclusively competent for all claims arising from or in connection with these General Terms and Conditions without regard to their legal nature.

General Terms & Conditions dated 06.11.2024